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ORD-1999-010 Text Amendments - Flexible Development Provisions Zoning Ordinance and Subdivision Regulations
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ORD-1999-010 Text Amendments - Flexible Development Provisions Zoning Ordinance and Subdivision Regulations
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Last modified
10/14/2013 3:41:18 PM
Creation date
5/30/2013 3:23:03 PM
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BOCC
Date
9/29/1999
Meeting Type
Regular Meeting
Document Type
Ordinance
Agenda Item
9b
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Agenda - 09-29-1999 - 9b
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\Board of County Commissioners\BOCC Agendas\1990's\1999\Agenda - 09-29-1999
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7 <br /> PAMENDMENT 2 AMEND SECTION IV-13-10, SECTION C.3 (OPEN SPACE STANDARDS) <br /> OWNERSHIP OF OPEN SPACE TO CLARIFY LANGUAGE AND TO MAKE LANGUAGE CONSISTENT <br /> WITH OTHER CHANGES THROUGHOUT BY A) SPECIFYING THAT OPEN SPACE PRESERVATION <br /> RESTRICTIONS CANNOT BE REMOVED FROM RESTRICTIVE COVENANTS BY THE LANDOWNERS <br /> AND B) CLARIFYING THAT THE ESTATE OPTION IS THE ONLY OPTION OF FLEXIBLE DEVELOPMENT <br /> WHICH ALLOWS THE INDIVIDUAL.OWNERSHIP OF OPEN SPACE (AND INDIVIDUAL PROPERTY <br /> OWNER RESPONSIBILITY FOR MAINTAINING AND PRESERVING OPEN SPACE.) <br /> SECTION IV-13-10 FLEXIBLE DEVELOPMENT <br /> Section C OPEN SPACE STANDARDS <br /> C.3 Ownership of Open Space <br /> Open space within a Flexible Development may be owned and/or administered by any <br /> of the following methods, either individually or in combination. All open space shall-be <br /> permanently restricted from further subdivision. <br /> * Fee simple dedication to Orange County, another unit of local government, the <br /> State of North Carolina or a private non-profit land conservancy. <br /> Dedication of conservation easements to Orange County, another unit of local <br /> government, the State of North Carolina or a private non-profit land conservancy. <br /> Such easements may apply to a single property owned by a homeowners <br /> association and/or to all or portions.of individual lots owned by one or more <br /> property owners. <br /> .+ Ownership by a homeowners association where specific development <br /> restrictions and maintenance requirements are included as part of its bylaws and <br /> as irrevocable articles of restrictive covenants. <br /> • Ownership by individual property owners,espesially of estate lots ewneFe only, <br /> where specific development restrictions and maintenance requirements are <br /> included as part of restrictive covenants and/or permanent conservation <br /> easements applicable to such lots. <br /> Where conservation easements have been dedicated prior to application for approval of <br /> a Flexible Development proposal, the land subject to the easement may be counted <br /> toward satisfying the thirty-three percent (33%) open space requirement provided it is a <br /> portion of and in the same ownership as the land to be subdivided. <br /> g:l txtamend lflexdevladminrec.dacl8-17-99Ud <br />
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